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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 1. Purpose and Need This NPRM would amend the HMR to maintain alignment with international consensus standards by incorporating into the HMR various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. PHMSA notes that the amendments proposed in this NPRM are intended to result in cost savings and reduced regulatory burden for shippers engaged in domestic and international commerce, including trans-border shipments within North America.
Absent adoption of the amendments proposed in the NPRM, U.S.
companiesincluding numerous small entities competing in foreign markets may be at an economic disadvantage because of their need to comply with a dual system of regulations. Further, among the HMR amendments introduced in this rulemaking are those facilitating the transportation of critical vaccines and other medical materials associated with response to the COVID
19 public health emergency, and others aligning HMR requirements with anticipated increases in the volume of lithium batteries transported in interstate commerce from electrification of the transportation and other economic sectors.
As explained at greater length above in the preamble of this NPRM and in the PRIA each of which are incorporated by reference in this discussion of the environmental impacts of the Proposed Action Alternative, PHMSA expects the adoption of the regulatory amendments proposed in this NPRM would maintain the high safety standard currently achieved under the HMR. PHMSA has evaluated the safety each of the amendments proposed in this NPRM on its own merit, as well as the aggregate impact on transportation safety from adoption of those amendments.

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2. Alternatives In proposing this rulemaking, PHMSA
is considering the following alternatives:
No Action Alternative If PHMSA were to select the No Action Alternative, current regulations would remain in place and no provisions would be amended or added.
Proposed Action Alternative This alternative is the current proposal as it appears in this NPRM, applying to transport of hazardous materials by various transport modes highway, rail, vessel and aircraft. The
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proposed amendments included in this alternative are more fully discussed in the preamble and regulatory text sections of this NPRM.
3. Reasonably Foreseeable Environmental Impacts of the Alternatives No Action Alternative If PHMSA were to select the No Action Alternative, the HMR would remain unchanged and no provisions would be amended or added. However, any economic benefits gained through harmonization of the HMR with updated international consensus standards including, but not limited to, the 21st revised edition of the UN
Model Regulations, the 20212022
ICAO Technical Instructions and amendment 4020 of the IMDG Code governing shipping of hazardous materials would not be realized.
Additionally, the No Action Alternative would not adopt enhanced and clarified regulatory requirements expected to maintain the high level of safety in transportation of hazardous materials provided by the HMR. As explained in the preamble to the NPRM, consistency between the HMR and current international standards can enhance safety by 1 ensuring that the HMR is informed by the latest best practices and lessons learned; 2
improving understanding of and compliance with pertinent requirements; 3 enabling consistent emergency response procedures in the event of a hazardous materials incident;
and 4 facilitating the smooth flow of hazardous materials from their points of origin to their points of destination, thereby avoiding risks to the public and the environment from release of hazardous materials from delays or interruptions in the transportation of those materials. PHMSA would not capture those benefits if it were to pass on incorporating updated international standards into the HMR under the No Action Alternative.
Additionally, some of the proposed HMR amendments are expected to better accommodate than the current HMR the safe transportation of emerging technologies in particular lithium battery technologies, and facilitate safe shipment of vaccines and other hazardous materials associated with efforts to combat the COVID19 public health emergency. As explained in the PRIA, PHMSA expects a significant increase in the volume of shipments of lithium batteries over time as more sectors of the U.S. domestic and international economies electrify;
PHMSAs proposed HMR amendments
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pertaining to lithium batteries which touch on multiple stages in the lifecycle of a lithium battery are intended to ensure that expansion occurs safely.
Similarly, PHMSA understands that the response to the COVID19 public health emergency will result in sustained demand for shipments of refrigerated packages employing data loggers transporting vaccines, as well as increased volumes of sanitizing chemicals and medical waste from diagnosis, treatment, and sanitization efforts; the HMR amendments within the Proposed Action Alternative are intended to address the risks associated with those COVID-related changes in transportation demand. The No Action Alternative, in contrast, would not amend the HMR to account for these emerging trends in demand for transportation of hazardous materials.
PHMSA notes that the No Action Alternative would avoid any risks to public safety and the environment from the NPRMs proposed authorization of shipments of hazardous materials offered pursuant to temporary certificates issued by Transport Canada.
While the transportation of hazardous materials always entails risk, allowing the transportation of hazardous materials pursuant to temporary certificates issued by Transport Canada could facilitate shipments of hazardous materials that are not otherwise compliant with the HMR and do not meet an equivalent standard of safety.
Arguably, this allowance could entail greater risks to public safety and the environment. However, based on years of collaboration, PHMSA considers Transport Canada to be a partner in hazardous materials safety and has confidence in the technical expertise and judgement of the hazardous materials safety SMEs at Transport Canada. PHMSA further submits that any risks are mitigated by 1 the technical review by Transport Canada subject matter experts to determine any shipments would be in the public interest, 2 the limited duration of those temporary certificates, 3 the terms and conditions imposed in those certificates, 4 other regulatory requirements under the TDG Regulations or the HMR that may remain applicable, and 5
PHMSAs limitation of its recognition of temporary certificates to transportation via motor carrier and rail during the particular shipment authorized by a temporary certificate.
PHMSA expects that the No Action Alternative could have a modest impact on GHG emissions. Because PHMSA
expects the differences between the HMR and international standards for transportation of hazardous materials
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